List of declarations made with respect to treaty No. 191

Additional Protocol to the Criminal Law Convention on Corruption

Status as of: 3/3/2015

Azerbaijan
:

Declaration contained in the instrument of ratification deposited on 3 April 2013 - Or. Engl.

The Republic of Azerbaijan declares that it is unable to guarantee the implementation of the provisions of the Additional Protocol in its territories occupied by the Republic of Armenia (the Nagorno-Karabakh region of the Republic of Azerbaijan and its seven districts surrounding that region), until the liberation of those territories from occupation and the complete elimination of the consequences of that occupation (the schematic map of the occupied territories of the Republic of Azerbaijan is available here).
Period covered: 1/8/2013
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The preceding statement concerns Article(s) : -

Denmark
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Declaration contained in the instrument of ratification deposited on 16 November 2005 - Or. Engl.

Pursuant to Article 12 of the Protocol, Denmark declares that, until further notice, the Protocol will not apply to the Feroe Islands and Greenland.
Period covered: 1/3/2006
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The preceding statement concerns Article(s) : 12

Netherlands
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Reservation contained in the instrument of acceptance deposited on 16 November 2005 - Or. Engl.

In conformity with the provisions of Article 10, paragraph 1, and Article 9, paragraph 2, of the Additional Protocol to the Criminal Law Convention on Corruption, the Kingdom of the Netherlands declares that it accepts the said Protocol for the Kingdom in Europe, subject to the following reservations made by the Kingdom of the Netherlands when depositing its instrument of acceptance of the Convention:In accordance with Article 37, paragraph 2, and with regard to Article 17, paragraph 1, the Netherlands may exercise jurisdiction in the following cases:

a. in respect of a criminal offence that is committed in whole or in part on Dutch territory;

b. - over both Dutch nationals and Dutch public officials in respect of offences established in accordance with Article 2 and in respect of offences established in accordance with Articles 4 to 6 and Articles 9 to 11 in conjunction with Article 2, where these constitute criminal offences under the law of the country in which they were committed;

- over Dutch public officials and also over Dutch nationals who are not Dutch public officials in respect of offences established in accordance with Articles 4 to 6 and 9 to 11 in conjunction with Article 3, where these constitute criminal offences under the law of the country in which they were committed;

- over Dutch nationals in respect of offences established in accordance with Articles 7, 8, 13 and 14, where these constitute criminal offences under the law of the country in which they were committed.

c. over Dutch nationals involved in an offence that constitutes a criminal offence under the law of the country in which it was committed.
Period covered: 1/3/2006
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The preceding statement concerns Article(s) : 9

Declaration contained in the instrument of acceptance deposited on 16 November 2005 - Or. Engl.

In accordance with Article 37, paragraph 1, the Netherlands will not fulfil the obligation under Article 12.
Period covered: 1/3/2006
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The preceding statement concerns Article(s) : 12

Communication contained in a Note verbale from the Permanent Representation of the Netherlands, dated 27 September 2010, registered at the Secretariat General on 28 September 2010 – Or. Engl.

The Kingdom of the Netherlands currently consists of three parts : the Netherlands, the Netherlands Antilles and Aruba. The Netherlands Antilles consists of the islands of Curaçao, Sint Maarten, Bonaire, Sint Eustatius and Saba.

With effect from 10 October 2010, the Netherlands Antilles will cease to exist as a part of the Kingdom of the Netherlands. From that date onwards, the Kingdom will consist of four parts: the Netherlands, Aruba, Curaçao and Sint Maarten. Curaçao and Sint Maarten will enjoy internal self-government within the Kingdom, as Aruba and, up to 10 October 2010, the Netherlands Antilles do.

These changes constitute a modification of the internal constitutional relations within the Kingdom of the Netherlands. The Kingdom of the Netherlands will accordingly remain the subject of international law with which agreements are concluded. The modification of the structure of the Kingdom will therefore not affect the validity of the international agreements ratified by the Kingdom for the Netherlands Antilles: these agreements, including any reservations made, will continue to apply to Curaçao and Sint Maarten.

The other islands that have until now formed part of the Netherlands Antilles – Bonaire, Sint Eustatius and Saba – will become parts of the Netherlands, thus constituting "the Caribbean part of the Netherlands". The agreements that now apply to the Netherlands Antilles will also continue to apply to these islands; however, the Government of the Netherlands will now be responsible for implementing these agreements.

In addition, a number of the agreements that currently apply to the Netherlands are hereby declared applicable, from 10 October 2010, to this Caribbean part of the Netherlands. The agreements concerned are listed in the Annex which also includes a declaration – regarding Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms securing certain rights and freedoms other than those already included in the Convention and in the first Protocol thereto – on the modification of the internal constitutional relations within the Kingdom.

A status report of the agreements that apply to Curaçao, Sint Maarten and/or the Caribbean part of the Netherlands, including any reservations and further declarations, will be supplied in the near future.

Annex – Treaties extended to the Caribbean part of the Netherlands (islands of Bonaire, Sint Eustatius and Saba) as per 10 October 2010

- European Convention on State Immunity (ETS No. 74) - Additional Protocol to the European Convention on State Immunity (ETS No. 74A) - European Convention on the Non-Applicability of Statutory Limitation to Crimes against Humanity and War Crimes (ETS No. 82) - European Convention on the Suppression of Terrorism (ETS No. 90) - European Agreement on the Transmission of Applications for Legal Aid (ETS No. 92) - Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (ETS No. 108) - Amendments to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data allowing the European Communities to accede (Strasbourg, 15 June 1999) - Convention for the Protection of the Architectural Heritage of Europe (ETS No. 121) - Criminal Law Convention on Corruption (ETS No. 173) - Additional Protocol to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, regarding supervisory authorities and transborder data flows (ETS No. 181) - Protocol amending the European Convention on the Suppression of Terrorism (ETS No. 190) - Additional Protocol to the Criminal Law Convention on Corruption (ETS No. 191) - Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism (CETS No. 198).
Period covered: 1/10/2010
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The preceding statement concerns Article(s) : 12

Declaration transmitted by a Note verbale from the Permanent Representation of the Netherlands, dated 4 January 2012, registered at the Secretariat General on 9 January 2012 - Or. Engl.

The reservation and declaration made by the Kingdom of the Netherlands at the time of acceptance of the Protocol, on 16 November 2005, are confirmed for the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba). The reservation and declaration remain valid for the European part of the Netherlands.

[Note by the Secretariat: This Declaration supplements the Communication from the Permanent Representation of the Netherlands registered at the Secretariat General on 28 September 2010, concerning the modification in the structure of the Kingdom as of 10 October 2010.]Period covered: 10/10/2010
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The preceding statement concerns Article(s) : 12, 9

Spain
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Declaration contained in the instrument of ratification deposited on 17 January 2011 - Or. Engl.

If the Additional Protocol to the Criminal Law Convention on Corruption, dated 15 May 2003, were to be applied to Gibraltar, Spain would like to make the following declaration:

1. Gibraltar is a non-autonomous territory whose international relations come under the responsibility of the United Kingdom and which is subject to a decolonisation process in accordance with the relevant decisions and resolutions of the General Assembly of the United Nations.2. The authorities of Gibraltar have a local character and exercise exclusively internal competences which have their origin and their foundation in a distribution and attribution of competences performed by the United Kingdom in compliance with its internal legislation, in its capacity as sovereign State on which the mentioned non-autonomous territory depends.3. As a result, the eventual participation of the Gibraltarian authorities in the application of this Protocol will be understood as carried out exclusively as part of the internal competences of Gibraltar and cannot be considered to modify in any way what was established in the two previous paragraphs.4. The process provided for by the Arrangements relating to Gibraltar authorities in the context of certain international treaties (2007) which have been agreed by Spain and the United Kingdom on 19 December 2007 (jointly with the "Agreed Arrangements relating to Gibraltar authorities in the context of EU and EC instruments and related treaties", dated 19 April 2000) apply to this Additional Protocol to the Criminal Law Convention on Corruption.
Period covered: 1/5/2011
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The preceding statement concerns Article(s) : -

Sweden
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Declaration contained in the instrument of ratification deposited on 25 June 2004 - Or. Engl.

Sweden makes the explanatory statement that, in Sweden’s view, a ratification of the Additional Protocol does not mean that its membership of the Group of States against Corruption (GRECO) cannot be reviewed if reasons to do so arise in the future.
Period covered: 1/2/2005
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The preceding statement concerns Article(s) : -

Switzerland
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Declaration contained in the instrument of ratification deposited on 31 March 2006 - Or. Fr.

Switzerland declares that it will punish offences in the meaning of Articles 4 and 6 of the Additional Protocol only if the conduct of the bribed person consists in performing or refraining from performing an act contrary to his/her duties or depending on his/her power of estimation.

[Note by the Secretariat : The Government of Switzerland has informed the Secretary General of its intention to uphold wholly this declaration for a period of 3 years (Article 38 of the Convention) :- by a letter from the Permanent Representative of Switzerland, dated 16 February 2009, registered at the Secretariat General on 17 February 2009 - Or. Fr. (Period covered: from 01/07/2009 to 01/07/2012);- by a letter from the Permanent Representative of Switzerland, dated 23 February 2012, registered at the Secretariat General on 28 February 2012 - Or. Fr. (Period covered: from 01/07/2012 to 01/07/2015).]Period covered: 1/7/2006
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